Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 23 results.
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Jurisprudence judicial mechanism
ICC - Jean-Pierre Bemba Gombo "Bemba Case"
- Country
- Central African Republic (CAR)
- Keywords
- Rape Torture Reparation
- Reference link
- http://www.icc-cpi.int/car/bemba#17
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Jean-Pierre Bemba Gombo
- Charges
- (1) Two counts of crimes against humanity namely murder and rape; and (2) Three counts of war crimes: murder, rape and pillaging
- Trial chamber verdict
- On 21 March 2016, the Trial Chamber convicted Mr Bemba for the crimes against humanity of murder and rape and the war crimes of murder, rape and pillaging committed by troops of the Mouvement de libération du Congo (“MLC”) in the Central African Republic from on or about 26 October 2002 to 15 March 2003. It found that Mr Bemba, was criminally responsible for these crimes under article 28(a) of the Statute as a result of effectively acting as a military commander and having effective control over the MLC troops.
- sentencing
- On 21 June 2016, Bemba was sentenced to 18 years of imprisonment by the Trial Chamber III. Following Mr. Bemba’s successful appeal against the decision of the Trial Chamber III, the Appeal’s Chamber dismissed Mr Bemba’s appeal against this sentence as moot.
- Appeals chamber verdict
- Mr Bemba filed an appeal against both the judgment and the sentence against him on 4 April 2016 and the appeals hearing took place from 9 to 11 January 2018. On 8 June 2018, the Appeals Chamber, by majority, concluded, that the trial of Bemba was not within the scope of the case. In a summary of its decision, the Appeals Chamber stated that: “the Trial Chamber’s conclusion that Mr Bemba failed to take all necessary and reasonable measures in response to MLC crimes in the CAR, was materially affected by errors and that Mr Bemba cannot be held criminally liable under article 28 for the crimes committed by MLC troops during the CAR operation.” The Chamber also noted in its judgment that “The Pre-Trial Chamber did not enter findings that there were substantial grounds to believe that specific acts of murder, rape and pillaging had been committed, but rather “relied on” or “drew attention, in particular” to certain events and evidence to support its overall conclusions.” Accordingly, the Chamber acquitted Jean-Pierre Bemba Gombo from the charges of war crimes and crimes against humanity.
- Status
- 2715
- Case number
- ICC-01/05-01/08
-
Jurisprudence judicial mechanism
ICTY - Hazim Delic (Mucic et al."Celebici Camp")
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Akayesu Torture Superior Responsibility Camp Rape/Sexual Violence in Detention
- Reference link
- http://www.icty.org/cases/party/676/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Hazim Delic
- Charges
- - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A). - Other sexual violence charges charged under Article 7(3)
- Trial chamber verdict
- Delic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime Delic was found not guilty by the Trial Chamber of: - All the other sexual violence charges for which he was charged under Article 7(3) as the Prosecution failed to prove that Delic had superior responsibility over Celebici prison-camp, i.e. for the multiple rapes of Grozdana Cecez and Milojka Antic (i.e. cruel treatment as a violation of the laws or customs of war as a war crime); for placing a burning fuse cord around the genital areas of two detainees (i.e. willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime); and for forcing detainees to commit fellatio on each other (i.e. inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime).
- sentencing
- Delic was sentenced to 18 years of imprisonment on 8 April 2003.
- Appeals chamber verdict
- The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A).
- Status
- 2715
- Case number
- IT-96-21
-
Jurisprudence judicial mechanism
ICTY - Mico Stanisic (“Stanisic & Zupljanin”)
- Year
- 2016
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Torture Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Joint Criminal Enterprise (JCE)
- Reference link
- http://www.icty.org/cases/party/783/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Mico Stanisic
- Charges
- - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
- Trial chamber verdict
- Stanisic was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity. - Torture and murder as violations of the laws or customs of war as a war crime Stanisic was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity.
- sentencing
- Stanisic was sentenced by the Trial Chamber to 22 years’ imprisonment on 30 June 2016.
- Appeals chamber verdict
- The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
- Status
- 2715
- Case number
- IT-08-91
-
Jurisprudence judicial mechanism
ICTY - Milan Simic (“Bosanski Samac”)
- Year
- 2002
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Rape/Sexual Violence in Prison Torture Genitalia Penis Castration
- Reference link
- http://www.icty.org/cases/party/751/4
- Full reference
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milan Simic
- Charges
- - Torture as a crime against humanity for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic’s penis and for concurrently firing gunshots over his head. - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic's penis and for concurrently firing gunshots over his head (same acts as for which the conviction for torture as a crime against humanity was based on). - Persecution as a crime against humanity under Article 7(1) for the same acts.
- Trial chamber verdict
- Simic entered a guilty plea on 15 May 2002 and was found guilty by the Trial Chamber of: - Torture as a crime against humanity As Simic entered a guilty plea to torture as a crime against humanity only, the other sexual violence charges were withdrawn. Simic was therefore found not guilty of: - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime - Persecution as a crime against humanity
- sentencing
- Simic received a sentence of 5 years’ imprisonment by the Trial Chamber on 17 October 2002.
- Status
- 2715
- Case number
- IT-95-9/2
-
Jurisprudence judicial mechanism
ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milojica Kos
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
- Appeals chamber verdict
- No appeal in this case.
- Status
- 2715
- Case number
- IT-98-30/1
-
Literature
Kaitesi, Usta and Haveman, Roelof - Prosecution of Genocidal Rape and Sexual Torture....
- Year
- 2011
- Country
- Rwanda
- Keywords
- Rape Genocidal Rape Torture Rape, Torture Fair Trial
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Kaitesi, Usta and Roelof Haveman, "Prosecution of Genocidal Rape and Sexual Torture before the Gacaca Tribunals in Rwanda", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 385-409.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Kaitesi, Usta and Haveman, Roelof
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
-
Literature
Mouthaan, Solange - Sexual Violence against Men and International Law...
- Year
- 2013
- Issues
- Sexual Violence against Men
- Reference link
- https://brill.com/abstract/journals/icla/13/3/article-p665_4.xml
- Full reference
- Mouthaan, Solange, "Sexual Violence against Men and International Law - Criminalising the Unmentionable", in International Criminal Law Review, 2013, vol. 13, no. 3, pp. 665-695.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Mouthaan, Solange
-
Literature
Oosterveld, Valerie - Sexual Violence Directed against Men and Boys...
- Year
- 2014
- Issues
- Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1109&context=lawpub
- Full reference
- Oosterveld, Valerie, "Sexual Violence Directed against Men and Boys in Armed Conflict or Mass Atrocity: Addressing a Gendered Harm in International Criminal Tribunals", in Journal of international Law & International Relations, 2014, vol. 10, pp. 107-128.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Oosterveld, Valerie
-
Jurisprudence non-judicial mechanisms
Peruvian Truth and Reconciliation Commission
- Country
- Peru
- Keywords
- Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- Peruvian Truth and Reconciliation Commission
- Status
- 2715
- Findings
- The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
- Recommendations
- It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
- Date of report / release
- 1903-08-28
- Reparations / awards
- The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.
-
Literature
Pilch, Frances T. - Rape as Genocide...
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, Sierra Leone
- Keywords
- Torture Women-friendly Institution NGO
- Reference link
- http://genderandsecurity.org/projects-resources/research/rape-genocide-legal-response-sexual-violence
- Full reference
- Pilch, Frances T., Rape as Genocide: The Legal Response to Sexual Violence, Working paper, The Center for Global Security and Democracy, Rutgers University, New Brunswick, NJ, 2002.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Pilch, Frances T.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)
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